Table of Contents for VDOT Federal Aid

Bulletin Boards a. Minimum Wage, Overtime, Apprentices & Proper pay: WH Publication 1321 b. Uniformed Services Employment Act Poster c. Equal Opportunity Poster THE LAW d. EEO Poster Supplement e. Family Medical Leave Act Poster f. Federal Minimum Wage Poster g. Employee Rights under Labor Relations Act (Executive Order 13496) h. Notice to Workers with Disabilities

EMPLOYEE RIGHTSUNDER THE DAVIS-BACON ACT

fOR LABORERS AND MECHANICSEMPLOYED ON fEDERAL OR fEDERALLYASSISTED CONSTRUCTION PROjECTS

THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION

PREVAILING WAGES

OVERTIME

ENFORCEMENT

APPRENTICES

PROPER PAY

You must be paid not less than the wage rate listed in the Davis-Bacon Wage Decision posted with this Notice for the work you perform.

You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week. There are few exceptions.

Contract payments can be withheld to ensure workers receive wages and overtime pay due, and liquidated damages may apply if overtime pay requirements are not met. Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years. A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution, fines and/or imprisonment.

Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs.

If you do not receive proper pay, or require further information on the applicable wages, contact the Contracting Officer listed below:

or contact the U.S. Department of Labor’s Wage and Hour Division.

1-866-4-USWAGE (1-866-487-9243) TTY: 1-877-889-5627

WWW.WAGEHOUR.DOL.GOV U.S. Department of Labor Employment Standards Administration Wage and Hour Division

WH 1321(Revised April 2009)

For additional information:

U.S. Department of Labor1-866-487-2365

U.S. Department of Justice

YOUR RIGHTS UNDER USERRA THE UNIFORMED SERVICES EMPLOYMENT

AND REEMPLOYMENT RIGHTS ACT

HH

Publication Date—October 2008

REEMPLOYMENT RIGHTS

You have the right to be reemployed in your civilian job if you leave thatjob to perform service in the uniformed service and:

I you ensure that your employer receives advance written or verbalnotice of your service;

I you have five years or less of cumulative service in the uniformedservices while with that particular employer;

I you return to work or apply for reemployment in a timely mannerafter conclusion of service; and

I you have not been separated from service with a disqualifyingdischarge or under other than honorable conditions.

If you are eligible to be reemployed, you must be restored to the job andbenefits you would have attained if you had not been absent due tomilitary service or, in some cases, a comparable job.

RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION

If you:

I are a past or present member of the uniformed service; I have applied for membership in the uniformed service; orI are obligated to serve in the uniformed service;

then an employer may not deny you:

I initial employment;I reemployment;I retention in employment; I promotion; or I any benefit of employment

because of this status.

In addition, an employer may not retaliate against anyone assisting inthe enforcement of USERRA rights, including testifying or making astatement in connection with a proceeding under USERRA, even if thatperson has no service connection.

HEALTH INSURANCE PROTECTION

I If you leave your job to perform military service, you have the rightto elect to continue your existing employer-based health plancoverage for you and your dependents for up to 24 months while inthe military.

I Even if you don't elect to continue coverage during your militaryservice, you have the right to be reinstated in your employer'shealth plan when you are reemployed, generally without any waitingperiods or exclusions (e.g., pre-existing condition exclusions) exceptfor service-connected illnesses or injuries.

ENFORCEMENT

I The U.S. Department of Labor, Veterans Employment and TrainingService (VETS) is authorized to investigate and resolve complaintsof USERRA violations.

I For assistance in filing a complaint, or for any other information onUSERRA, contact VETS at 1-866-4-USA-DOL or visit its website athttp://www.dol.gov/vets. An interactive online USERRA Advisor canbe viewed at http://www.dol.gov/elaws/userra.htm.

I If you file a complaint with VETS and VETS is unable to resolve it,you may request that your case be referred to the Department of Justice or the Office of Special Counsel, as applicable, forrepresentation.

I You may also bypass the VETS process and bring a civil actionagainst an employer for violations of USERRA.

HH

1-800-336-4590

The rights listed here may vary depending on the circumstances. The text of this notice was prepared by VETS, and may be viewed on the internet at this address: http://www.dol.gov/vets/programs/userra/poster.htm. Federal law requires employers to notify employees of their rights under USERRA,and employers may meet this requirement by displaying the text of this notice where they customarily place notices for employees.

Office of Special Counsel

USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers

from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.

Equal Employment Opportunity is

THE LAWPrivate Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations�

Applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations are protected under Federal law from discrimination on the following bases:�

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Title VII of the Civil Rights Act of 1964, as amended, protects applicants and employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex (including pregnancy), or national origin. Religious discrimination includes failing to reasonably accommodate an employee’s religious practices where the accommodation does not impose undue hardship.

DISABILITY Title I and Title V of the Americans with Disabilities Act of 1990, as amended, protect qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship.

AGE The Age Discrimination in Employment Act of 1967, as amended, protects applicants and employees 40 years of age or older from discrimination based on age in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment.

SEX (WAGES) In addition to sex discrimination prohibited by Title VII of the Civil Rights Act, as amended, the Equal Pay Act of 1963, as amended, prohibits sex discrimination in the payment of wages to women and men performing substantially equal work, in jobs that require equal skill, effort, and responsibility, under similar working conditions, in the same establishment.

GENETICS Title II of the Genetic Information Nondiscrimination Act of 2008 protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. GINA also restricts employers’ acquisition of genetic information and strictly limits disclosure of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members.

RETALIATION All of these Federal laws prohibit covered entities from retaliating against a person who files a charge of discrimination, participates in a discrimination proceeding, or otherwise opposes an unlawful employment practice.

WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURRED There are strict time limits for filing charges of employment discrimination. To preserve the ability of EEOC to act on your behalf and to protect your right to file a private lawsuit, should you ultimately need to, you should contact EEOC promptly when discrimination is suspected: The U.S. Equal Employment Opportunity Commission (EEOC), 1-800-669-4000 (toll-free) or 1-800-669-6820 (toll-free TTY number for individuals with hearing impairments). EEOC field office information is available at www.eeoc.gov or in most telephone directories in the U.S. Government or Federal Government section. Additional information about EEOC, including information about charge filing, is available at www.eeoc.gov.

Employers Holding Federal Contracts or Subcontracts

Applicants to and employees of companies with a Federal government contract or subcontract are protected under Federal law from discrimination on the following bases:

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.

INDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.

DISABLED, RECENTLY SEPARATED, OTHER PROTECTED, AND ARMED FORCES SERVICE MEDAL VETERANS The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits job discrimination and requires affirmative action to employ and advance in employment disabled veterans, recently separated veterans (within

three years of discharge or release from active duty), other protected veterans (veterans who served during a war or in a campaign or expedition for which a campaign badge has been authorized), and Armed Forces service medal veterans (veterans who, while on active duty, participated in a U.S. military operation for which an Armed Forces service medal was awarded).

RETALIATION Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination under these Federal laws.

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately:

The Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210, 1-800-397-6251 (toll-free) or (202) 693-1337 (TTY). OFCCP may also be contacted by e-mail at OFCCP-Public@dol.gov, or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor.

Programs or Activities Receiving Federal Financial Assistance

RACE, COLOR, NATIONAL ORIGIN, SEX INDIVIDUALS WITH DISABILITIES In addition to the protections of Title VII of the Civil Rights Act of 1964, as Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of disability in any program or activity which receives discrimination on the basis of race, color or national origin in programs or Federal financial assistance. Discrimination is prohibited in all aspects of activities receiving Federal financial assistance. Employment discrimination employment against persons with disabilities who, with or without reasonable is covered by Title VI if the primary objective of the financial assistance is accommodation, can perform the essential functions of the job. provision of employment, or where employment discrimination causes or may

If you believe you have been discriminated against in a program of any cause discrimination in providing services under such programs. Title IX of the institution which receives Federal financial assistance, you should immediately Education Amendments of 1972 prohibits employment discrimination on the contact the Federal agency providing such assistance. basis of sex in educational programs or activities which receive Federal financial

assistance.

EEOC 9/02 and OFCCP 8/08 Versions Useable With 11/09 Supplement EEOC-P/E-1 (Revised 11/09)

“EEO is the Law” Poster Supplement Private Employers, State and Local Governments, Educational Institutions,�

Employment Agencies and Labor Organizations revisions�

The Disability section is revised as follows:

DISABILITY Title I and Title V of the Americans with Disabilities Act of 1990, as amended, protect qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship.

The following section is added:

GENETICS Title II of the Genetic Information Nondiscrimination Act of 2008 protects applicants and employees from discrimination based on genetic information in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. GINA also restricts employers’ acquisition of genetic information and strictly limits disclosure of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members.

The EEOC contact information is revised as follows:

The U.S. Equal Employment Opportunity Commission (EEOC), 1-800-669-4000 (toll-free) or 1-800-669-6820 (toll-free TTY number for individuals with hearing impairments). EEOC field office information is available at www.eeoc.gov or in most telephone directories in the U.S. Government or Federal Government section. Additional information about EEOC, including information about charge filing, is available at www.eeoc.gov.

Employers Holding Federal Contracts or Subcontracts section revisions The Individuals with Disabilities section is revised as follows:

INDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.

The Vietnam Era, Special Disabled Veterans section is revised as follows:

DISABLED, RECENTLY SEPARATED, OTHER PROTECTED, AND ARMED FORCES SERVICE MEDAL VETERANS The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits job discrimination and requires affirmative action to employ and advance in employment disabled veterans, recently separated veterans (within three years of discharge or release from active duty), other protected veterans (veterans who served during a war or in a campaign or expedition for which a campaign badge has been authorized), and Armed Forces service medal veterans (veterans who, while on active duty, participated in a U.S. military operation for which an Armed Forces service medal was awarded).

The following section is added:

RETALIATION Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination under these Federal laws.

The OFCCP contact information is revised as follows:

The Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210, 1-800-397-6251 (toll-free) or (202) 693-1337 (TTY). OFCCP may also be contacted by e-mail at OFCCP-Public@dol.gov, or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor.

Mandatory Supplement to EEOC 9/02 and OFCCP 8/08 “EEO is the Law” Posters

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

For additional information: 1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627 WWW.WAGEHOUR.DOL.GOV

U.S. Department of Labor | Employment Standards Administration | Wage and Hour Division WHD Publication 1420 Revised January 2009

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons: • For incapacity due to pregnancy, prenatal medical care or child birth; • To care for the employee’s child after birth, or placement for adoption

or foster care; • To care for the employee’s spouse, son or daughter, or parent, who has

a serious health condition; or • For a serious health condition that makes the employee unable to

perform the employee’s job.

Military Family Leave Entitlements Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

Benefits and Protections During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

Eligibility Requirements Employees are eligible if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.

Definition of Serious Health Condition A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Use of Leave An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Substitution of Paid Leave for Unpaid Leave Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.

Employee Responsibilities Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures. Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

Employer Responsibilities Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility. Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.

Unlawful Acts by Employers FMLA makes it unlawful for any employer to: • Interfere with, restrain, or deny the exercise of any right provided under

FMLA; • Discharge or discriminate against any person for opposing any practice

made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

Enforcement An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice. Regulations 29 C.F.R. § 825.300(a) may require additional disclosures.

EMPLOYEE RIGHTSUNDER THE FAIR LABOR STANDARDS ACTTHE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION

FEDERAL MINIMUM WAGE

At least 1 times your regular rate of pay for all hours worked over 40 in a workweek.

An employee must be at least 16 years old to work in most non-farm jobs and at least18 to work in non-farm jobs declared hazardous by the Secretary of Labor.

Youths 14 and 15 years old may work outside school hours in various non-manufactur-ing, non-mining, non-hazardous jobs under the following conditions:

No more than• 3 hours on a school day or 18 hours in a school week; • 8 hours on a non-school day or 40 hours in a non-school week.

Also, work may not begin before 7 a.m. or end after 7 p.m., except from June 1through Labor Day, when evening hours are extended to 9 p.m. Different rulesapply in agricultural employment.

Employers of “tipped employees” must pay a cash wage of at least $2.13 per hour ifthey claim a tip credit against their minimum wage obligation. If an employee's tipscombined with the employer's cash wage of at least $2.13 per hour do not equal theminimum hourly wage, the employer must make up the difference. Certain other conditions must also be met.

The Department of Labor may recover back wages either administratively or throughcourt action, for the employees that have been underpaid in violation of the law.Violations may result in civil or criminal action.

Employers may be assessed civil money penalties of up to $1,100 for each willful or repeated violation of the minimum wage or overtime pay provisions of the law and up to $11,000 for each employee who is the subject of a violation of the Act’s child labor provisions. In addition, a civil money penalty of up to $50,000 may be assessed for eachchild labor violation that causes the death or serious injury of any minor employee, and such assessments may be doubled, up to $100,000, when the violations are determined to be willful or repeated. The law also prohibits discriminating against or discharging workers who file a complaint or participate in any proceeding under the Act.

• Certain occupations and establishments are exempt from the minimum wage and/orovertime pay provisions.

• Special provisions apply to workers in American Samoa and the Commonwealth of theNorthern Mariana Islands.

• Some state laws provide greater employee protections; employers must comply with both.• The law requires employers to display this poster where employees can readily see it.• Employees under 20 years of age may be paid $4.25 per hour during their first 90

consecutive calendar days of employment with an employer. • Certain full-time students, student learners, apprentices, and workers with disabilities

may be paid less than the minimum wage under special certificates issued by theDepartment of Labor.

For additional information:

1-866-4-USWAGE(1-866-487-9243) TTY: 1-877-889-5627

WWW.WAGEHOUR.DOL.GOVU.S. Department of Labor Wage and Hour Division

OVERTIME PAY

CHILD LABOR

TIP CREDIT

ENFORCEMENT

ADDITIONALINFORMATION

WHD Publication 1088 (Revised July 2009)

12/

$7.25 PER HOUR

BEGINNING JULY 24, 2009

EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT

The NLRA guarantees the right of employees to organize and bargain collectively with their employers, and to engage in other protected concerted activity. Employees covered by the NLRA* are protected from certain types of employer and union misconduct. This Notice gives you general information about your rights, and about the obligations of employers and unions under the NLRA. Contact the National Labor Relations Board, the Federal agency that investigates and resolves complaints under the NLRA, using the contact information supplied below, if you have any questions about specific rights that may apply in your particular workplace. Under the NLRA, you have the right to: • Organize a union to negotiate with your employer concerning your wages, hours, and other terms and conditions of employment. • Form, join or assist a union. • Bargain collectively through representatives of employees’ own choosing for a contract with your employer setting your wages,

benefits, hours, and other working conditions. • Discuss your terms and conditions of employment or union organizing with your co-workers or a union. • Take action with one or more co-workers to improve your working conditions by, among other means, raising work-related

complaints directly with your employer or with a government agency, and seeking help from a union. • Strike and picket, depending on the purpose or means of the strike or the picketing. • Choose not to do any of these activities, including joining or remaining a member of a union.

Under the NLRA, it is illegal for your employer to: • Prohibit you from soliciting for a union during non-work

time, such as before or after work or during break times; or from distributing union literature during non-work time, in non-work areas, such as parking lots or break rooms.

• Question you about your union support or activities in a manner that discourages you from engaging in that activity.

• Fire, demote, or transfer you, or reduce your hours or change your shift, or otherwise take adverse action against you, or threaten to take any of these actions, because you join or support a union, or because you engage in concerted activity for mutual aid and protection, or because you choose not to engage in any such activity.

Under the NLRA, it is illegal for a union or for the union that represents you in bargaining with your employer to: • Threaten you that you will lose your job unless you

support the union. • Refuse to process a grievance because you have

criticized union officials or because you are not a member of the union.

• Use or maintain discriminatory standards or procedures in making job referrals from a hiring hall.

• Cause or attempt to cause an employer to discriminate against you because of your union-related activity.

• Threaten to close your workplace if workers choose a union to represent them.

• Promise or grant promotions, pay raises, or other benefits to discourage or encourage union support.

• Prohibit you from wearing union hats, buttons, t-shirts, and pins in the workplace except under special circumstances.

• Spy on or videotape peaceful union activities and gatherings or pretend to do so.

• Take other adverse action against you based on whether you have joined or support the union

If you and your coworkers select a union to act as your collective bargaining representative, your employer and the union are required to bargain in good faith in a genuine effort to reach a written, binding agreement setting your terms and conditions of employment. The union is required to fairly represent you in bargaining and enforcing the agreement.

Illegal conduct will not be permitted. If you believe your rights or the rights of others have been violated, you should contact the NLRB promptly to protect your rights, generally within six months of the unlawful activity. You may inquire about possible violations without your employer or anyone else being informed of the inquiry. Charges may be filed by any person and need not be filed by the employee directly affected by the violation. The NLRB may order an employer to rehire a worker fired in violation of the law and to pay lost wages and benefits, and may order an employer or union to cease violating the law. Employees should seek assistance from the nearest regional NLRB office, which can be found on the Agency’s website: www.nlrb.gov. Click on the NLRB’s page titled “About Us,” which contains a link, “Locating Our Offices.” You can also contact the NLRB by calling toll-free: 1-866-667-NLRB (6572) or (TTY) 1-866-315-NLRB (6572) for hearing impaired. *The National Labor Relations Act covers most private-sector employers. Excluded from coverage under the NLRA are public-sector employees, agricultural and domestic workers, independent contractors, workers employed by a parent or spouse, employees of air and rail carriers covered by the Railway Labor Act, and supervisors (although supervisors that have been discriminated against for refusing to violate the NLRA may be covered).

This is an official Government Notice and must not be defaced by anyone.

U.S. Department of Labor

EMPLOYEE RIGHTSFOR WORKERS WITH DISABILITIES PAID AT SPECIAL MINIMUM WAGES

THE UNITED STATES DEPA RTMENT OF LABOR WAGE AND HOUR DIVISIONThis establishment has a certificate authorizing the payment of special minimum wages to workers who are disabled for the work they

are performing. Authority to pay special minimum wages to workers with disabilities applies to work covered by the Fair Labor

Standards Act (FLSA), McNamara-O’Hara Service Contract Act (SCA), and/or Walsh-Healey Public Contracts Act (PCA). Such

special minimum wages are referred to as “commensurate wage rates” and are less than the basic hourly rates stated in an SCA wage

d e t e rmination and less than the FLSA minimum wage of $7.25 per hour beginning July 24, 2009. A “commensurate wage rate” is

based on the worker’s individual pro d u c t i v i t y, no matter how limited, in proportion to the wage and productivity of experienced workers

who do not have disabilities that impact their productivity when performing essentially the same type, quality, and quantity of work in

the geographic area from which the labor force of the community is drawn.

For purposes of payment of commensurate wage rates under a certificate, a worker with a

disability is defined as:

• An individual whose earnings or productive capacity is impaired by a physical or mental

disability, including those related to age or injury, for the work to be performed.

• Disabilities which may affect productive capacity include blindness, mental illness,

mental retardation, cerebral palsy, alcoholism, and drug addiction. The following do

not ordinarily affect productive capacity for purposes of paying commensurate wage

rates: educational disabilities; chronic unemployment; receipt of welfare benefits;

nonattendance at school; juvenile delinquency; and correctional parole or probation.

• Nondisabled worker standard—The objective gauge (usually a time study of the

production of workers who do not have disabilities that impair their productivity for the job)

against which the productivity of a worker with a disability is measured.

• P revailing wage rate—The wage paid to experienced workers who do not have disabilities

that impair their productivity for the same or similar work and who are performing such work in

the area. Most SCA contracts include a wage determination specifying the prevailing wage

rates to be paid for SCA-covered work.

• Evaluation of the productivity of the worker with a disability—Documented

m e a s u rement of the production of the worker with a disability (in terms of quantity and quality).

The wages of all workers paid commensurate wages must be reviewed, and adjusted if appro p r i a t e ,

at periodic intervals. At a minimum, the productivity of hourly-paid workers must be reevaluated

at least every six months and a new prevailing wage survey must be conducted at least once

e v e ry twelve months. In addition, prevailing wages must be reviewed, and adjusted as appro p r i a t e ,

whenever the applicable state or federal minimum wage is increased.

Generally, if you are performing work subject to the FLSA, SCA, and/or PCA, you must be paid

at least 1 times your regular rate of pay for all hours worked over 40 in a workweek.

Minors younger than 18 years of age must be employed in accordance with the child labor

provisions of FLSA. No persons under 16 may be employed in manufacturing or on a PCA

contract.

Neither the FLSA nor the PCA have provisions requiring vacation, holiday, or sick pay nor other

fringe benefits such as health insurance or pension plans. SCA wage determinations may

require such fringe benefit payments (or a cash equivalent). Workers paid under a

certificate authorizing commensurate wage rates must receive the full

fringe benefits listed on the wage determination.

Each worker with a disability and, where appropriate, the parent or guardian of such worker,

shall be informed orally and in writing by the employer of the terms of the certificate under

which such worker is employed.

Workers with disabilities paid at special minimum wages may petition the Administrator of the

Wage and Hour Division of the Department of Labor for a review of their wage rates by an

Administrative Law Judge. No particular form of petition is required, except that it must be

signed by the worker with a disability or his or her parent or guardian and should contain the

name and address of the employer. Petitions should be mailed to: Administrator, Wage and

Hour Division, U.S. Department of Labor, Room S-3502, 200 Constitution Avenue, N.W.,

Washington, D.C. 20210.

Employers shall display this poster where employees and the parents and guardians of workers

with disabilities can readily see it.

For additional information:

1-866-4-USWAGE(1-866-487-9243) TTY: 1-877-889-5627

WWW.WAGEHOUR.DOL.GOV

WORKERS WITH

DISABILITIES

KEY

ELEMENTS OF

C O M M E N S U R AT E

WAGE RATES

OVERTIME

CHILD LABOR

FRINGE

BENEFITS

WORKER

NOTIFICATION

PETITION

PROCESS

12/

U.S. Department of Labor Wage and Hour DivisionWH 1284

Revised July 2009